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Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law

Edited by: Stefan Vogenauer, Christopher Hodges

ISBN13: 9781841139852
To be Published: July 2025
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



Civil justice systems of the Member States of the European Union differ substantially. Despite recent trends towards convergence, each jurisdiction has its own way of defining how people can legitimately resolve disputes and enforce their rights and the obligations of others. The essays in this collection investigate the extent to which perceptions of differences between national civil justice systems affect businesses engaging in cross-border transactions when they choose the forum and the governing contract law, including the results of a major survey of European businesses on the impact which particular features of civil justice systems have on choices of forum and choices of law.

This new work constitutes a major assessment of the strengths and weaknesses of EU domestic civil justice systems, and the prospects for recent EU harmonization measures.

Subjects:
EU Law
Contents:
Part I: Civil Justice Systems, Choice of Forum and Choice of Contract Law in Europe: the Current Position Professor Vincenzo Varano (University of Florence), Domestic Civil Justice Systems in Europe: Current Approaches, Techniques and Trends Ms Salla Saastamoinen (European Commission, Head of Civil Justice, DG Justice, Freedom and Security), Achievements and Initiatives of the European Union in the Area of Civil Justice Dr Giesela Ruhl (European University Institute, Florence and Max Planck Institute for Comparative and Private International Law, Hamburg), Choice of Law and Choice of Forum in the European Union: Recent Developments

Part II: Measuring the Perfomance of Civil Justice Systems and its Impact on Choice of Forum and Choice of Contract Law in Europe Professor Stefan Vogenauer (University of Oxford), The View of European Businesses: Results of a Survey Dr Christoph Kern (University of Freiburg), Perception, Performance and Politics: Recent Approaches to the Qualitative Comparison of Civil Justice Systems Professor Erin O'Hara (Vanderbilt University Law School), The Implications of Civil Justice Systesms for Choice of Forum and Choice of Contract Law: an Economic Perspective

Part III: Implications for National Civil Justice Systems Simon James (Partner, Clifford Chance LLP), Implications for National Civil Justice Systems: England Professor Veronique Magnier (University of Paris XI), Implications for National Civil Justice Systems: France Professor Harald Koch (University of Rostock), Implications for National Civil Justice Systems: Germany Professor Elisabetta Silvestri (University of Pavia), Implications for National Civil Justice Systems: Italy Professor CH (Remco) van Rhee (University of Maastricht), Implications for National Civil Justice Systems: the Netherlands

Part IV: Implications for European Legal Policy Malcolm Carlisle (Chairman, European Justice Forum (EJF)), Implications for European Legal Policy: a Business Perspective Sandra Mori (Coca-Cola, Representative of the European Company Lawyers Association (ECLA)), Implications for European Legal Policy: a Business Perspective Jonathan Goldsmith (Secretary General of the Council of Bars and Law Societies of the European Union (CCBE)), Implications for European Legal Policy: a Practitioner's Perspective Dr Christopher Hodges (Centre for Socio-Legal Studies, University of Oxford), Implications for European Legal Policy: an Academic's Perspective

Series: Studies of the Oxford Institute of European and Comparative Law

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General Principles of Law: European and Comparative Perspectives ISBN 9781509933099
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Discretion in EU Public Procurement Law ISBN 9781509919482
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The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
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General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
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Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
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The Unitary EU Patent System (eBook) ISBN 9781849469401
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Article 82 EC: Reflections on Its Recent Evolution
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Reforming the French Law of Obligations ISBN 9781841138053
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Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
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Forum Shopping in the European Judicial Area ISBN 9781841137834
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Better Regulation ISBN 9781841137155
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Constitutionalism and the Role of Parliaments ISBN 9781841136431
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Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
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Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
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Hart Publishing
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The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
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